Does the developer need to be held liable for the delay in delivery?

Is it feasible for the developer to postpone the delivery of the house and exempt it from liability due to force majeure?

Legal analysis: According to the delivery date agreed in the contract, the developer shall pay liquidated damages according to a certain proportion of the total amount of the house price paid by the buyer for each more than one day. According to the delivery date agreed in the contract, if the developer fails to deliver the house, the buyer can terminate the purchase contract or continue to perform the contract, and the developer shall bear the liability for breach of contract agreed in the contract no matter what method is adopted.

Basis for legal troubles: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Purchase and Sale of Commercial Houses

Article 17 : Where a seller sells a house on its own that has been agreed to be underwritten by the underwriter, and the underwriter requests the seller to compensate for losses, it shall be supported, unless otherwise agreed by the parties.

Legal analysis: The developer shall bear the liability for breach of contract if the delay in delivery of the house. If the developer delays the delivery of the house for a long time and does not propose a delivery plan, the buyer can file a lawsuit with the court, and the buyer can ask the developer to bear the losses caused by the delay in delivery.

The law is based on the "Civil Code of the People's Republic of China".

Article 563:The parties may terminate the contract under any of the following circumstances: (1) the purpose of the contract cannot be achieved due to force majeure; (2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt; (3) One of the parties delays the performance of the main debt, and fails to perform it within the time limit after being reminded; (4) One of the parties delays the performance of its obligations or has other breaches of contract, resulting in the inability to achieve the purpose of the contract; (5) Other circumstances provided for by law. In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Usually, if the delivery of the house is delayed, compensation will be given according to the amount agreed in the contract. As a reminder, if the liquidated damages agreed in the contract cannot cover your financial losses (based on the normal market rent of the house), you can ask the developer to compensate you for your financial losses. If you don't pay compensation, you can find more landlords to work together to hire a lawyer to fight the lawsuit.

This kind of lawsuit is easy to fight and easy to win, so the lawyer is also happy to accept it, and the price is not expensive, just a few thousand yuan, and everyone shares it, not much. Let's take a look at how to protect rights after delayed delivery: comprehensive acceptance record certificate and provide materials such as "Commodity Housing Quality Assurance Certificate" and "Commodity Housing Instruction Manual".

Otherwise, the buyer has the right to refuse to accept the house, and the resulting delay in delivery shall be borne by the developer.

3. Force majeure is a legal concept that cannot be fully exempted due to the extension of force majeure, which refers to the objective situation that cannot be foreseen, avoided and overcome. In the event of force majeure resulting in the failure to perform the contract, the liability shall be partially or fully exempted according to the impact of the force majeure, except in the case where liability is not exempted due to the occurrence of force majeure events as provided by law. However, if force majeure occurs after the delay in performance, the parties to the contract cannot be exempted from liability.

Developers have a variety of explanations for delayed delivery, such as bad weather, changes in the design of the community, etc., in order to exempt themselves from liability for breach of contract. If the developer's delay in delivery is indeed caused by a force majeure event, the liability for late delivery will be partially or fully exempted depending on the specific circumstances. As for the change in the design of the community, and to claim that the delay in delivery is caused by force majeure, the developer should provide the relevant agency to prove that the situation meets the conditions recognized by law.

Otherwise, the developer cannot easily be exempted from the liability for breach of contract for late delivery.

4. Evidence materials that buyers need to retainBuyers should collect and retain the subscription book, purchase contract, written notice of the developer, short message, newspaper announcement, Ran Mingwei sales advertisement, video, relevant department certificate and other evidentiary materials formed and appeared in the process of buying a house from the beginning of the purchase, so as to be used in case of rights protection. The above is some sharing on the postponement of delivery and rights protection, I hope it will have a certain reference role for you! One thing to note:

When a home buyer encounters a delay in the delivery of the house, in addition to retaining the evidence of the claim against the developer, including the purchase contract, the subscription letter, the written notice of the developer, and the supporting materials of the relevant departments, etc., it is also necessary to pay attention not to exceed the statute of limitations for filing a lawsuit.

Legal analysis: 1. Bear the liability for breach of contract for continuing to perform the contract;

2. Compensation for losses caused by delayed delivery;

3. If the delivery of the house is delayed due to the developer's own reasons, the developer shall bear the liability for breach of contract according to the contract.

Legal basis: Ministry of Construction of the People's Republic of China "Administrative Measures for the Sales of Commodity Housing" Article 30 The real estate development enterprise shall, in accordance with the contract, deliver the commercial housing that meets the conditions for delivery and use to the buyer according to the poor period. If it fails to deliver on time, the real estate development enterprise shall bear the liability for breach of contract.

If it is necessary to postpone delivery due to force majeure or other reasons agreed by the parties in the contract, the real estate development enterprise Minyu shall promptly inform the buyer.

1. Liquidated damages: If the developer delays the delivery of the house for too long, under normal circumstances, the developer still needs to compensate the buyer for a certain amount of liquidated damages. According to the contract, a one-day extension requires compensation according to a certain percentage of the total price of the house, and the developer will give a small amount of compensation or bring the seller to reduce a certain property fee system to compensate.

2. Check out: If the developer has postponed the delivery of the house for a long time, a few months or even half a year, it means that there may be a problem with the real estate. At the same time, the buyer can also ask the developer to compensate, and if the developer refuses to compensate, then through legal procedures to protect their own rights and interests.

3. Bear legal responsibility: In more serious cases, the buyer can also file a lawsuit with the court to request that the developer be ordered to bear the losses caused by the delay in delivery, and can also report to the local housing construction management authority and request to deal with the developer. The developer not only has to refund the full amount paid by the buyer, but also needs to pay the penalty for late delivery, and the interest expense of the house payment paid by itself during this period also needs to be settled.

The risk of the developer's delay in delivery

1. Unable to move in on time: Most buyers will make decoration or move-in plans in advance according to the delivery time in the purchase contract. In recent years, most of the city's housing prices have been very fast, and the seller's breach of contract is countless, if the other party delays the delivery of the house, it is very likely to encounter a breach of the contract, and finally lead to their inability to move in the house on time.

2. The risk of policy changes: the change of real estate policy is still quite fast, the purchase policy, mortgage policy, etc. are not controllable by the buyer and seller, if the other party postpones the delivery of the house during this period, there is a new real estate policy, the house has not been delivered, and the real estate certificate has not come down, the buyer is likely to change the amount of taxes and fees due to policy changes and other reasons.

3. Unable to get the property right certificate: there are many reasons why the developer delays the delivery of the house, among which there are many cases where the house cannot be delivered on time because of financial problems. If the developer mortgages the house and has other disputes such as debts and lawsuits, once such a situation occurs, it will directly lead to the property not being able to go through the transfer procedures, and even be enforced by the court, resulting in the risk of losing both money and the house.

4. The child may not be able to enroll in the school that was originally divided: the developer delays the delivery of the house, and there is a more serious impact that the original school district is divided, because it is not delivered on time, the owner's child may not be able to enroll, which brings very big trouble to the owner, and he can only find another way to find a school for the child, which is costly, time-consuming and laborious.